EXPLANATORY STATEMENT
Defence (Individual benefits) Determination (No. 1) 2025
This Determination is made under section 58B of the Defence Act 1903 and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (AI Act).
Determinations made under section 58B of the Defence Act are disallowable legislative instruments subject to the Legislation Act 2003. These instruments are also subject to the interpretation principles in the AI Act.
Purpose
The purpose of this Determination is to provide a member in unique circumstances with reimbursement of relocation costs on ceasing continuous full-time service.
The benefits provided by the Determination do not exceed those that would otherwise be provided to a member ceasing continuous full-time service.
Operational details
Details of the operation of the Determination are provided at annex A.
Incorporation by reference
The Determination makes references to sections of the Defence Determination 2016/19, Conditions of service. This Instrument is incorporated into this Determination as in force from time to time.
Human rights compatibility
The statement of compatibility under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 for this Determination is at annex B.
Review options
Decisions that are made under the Principal Determination, as amended by this Determination, may be subject to inquiry under the ADF redress of grievance system provided under Part 7 of the Defence Regulation. Also, a person may make a complaint to the Defence Force Ombudsman.
Consultation
Consultation was undertaken with Military Personal Branch and TOLL before this Determination was made. The rule maker was satisfied that further consultation was not required.
Approved by: | Sarah Kate McGregor Acting Director General People Policy and Employment Conditions
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Authority: | Section 58B of the |
Annex A
Defence (Individual benefits) Determination (No. 1) 2025
Operational details
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this Determination commences the day after it is registered on the Federal Register of Legislation.
Section 3 provides that this Determination has authority under section 58B of the Defence Act.
Section 4 provides that the purpose of this Determination is to provide a member in unique circumstances with reimbursement of relocation costs on ceasing continuous full-time service.
Section 5 provides definitions of ‘decision maker’, ‘Defence Determination’, ‘housing benefit location’ and ‘removal on ceasing continuous full-time service’ for the purpose of this Determination.
Section 6 provides who the Determination applies to.
Section 7 provides that the former member is eligible to be reimbursed the cost they incurred to relocate from their housing benefit location to a location of their choice on ceasing continuous full-time service as well as any other costs that the former member incurred in connection with relocating can be reimbursed if the decision maker is satisfied that it is reasonable.
The section also provides the maximum amount that the member can be reimbursed, being the less of either the combined total of the actual costs that were incurred by the member to relocate, or the cost of a removal on ceasing continuous full-time service under Division 6 to Part 5 of Chapter 6 of the Defence Determination.
Section 8 provides that the former member is eligible to receive disturbance allowance at the rate that would have applied the former member undertaken a removal on ceasing continuous full-time service under Division 6 to Part 5 of Chapter 6 of the Defence Determination.
Section 9 provides the date the Determination is revoked.
Annex B
Defence (Individual benefits) Determination (No. 1) 2025
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Overview of the Determination
The purpose of this Determination is to provide a member in unique circumstances with reimbursement of relocation costs on ceasing continuous full-time service.
Human rights implications
Right to the enjoyment of just and favourable conditions of work
The protection of a person's right to remuneration engages Article 7 of the International Covenant on Economic, Social and Cultural Rights. Article 7 ensures just and favourable conditions of work, including remuneration, safe and healthy conditions, equal opportunity and reasonable limitations.
Assessment of compatibility
Schedule 1 is compatible with human rights as it promotes the right to the enjoyment of just and favourable conditions of work by providing a former member with reimbursement of relocation costs in unique circumstances which were beyond the members control. The benefits provided by this Determination ensure the former member is provided what would otherwise be provided to a member ceasing continuous full-time service.
Conclusion
This Determination is compatible with human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.